Joining the guard, possible fired from job
#21
No, John, "right to work" has nothing to do with. Being covered by a union contract might have something to do with termination process, but the case here is USERRA rights where unions typically remain silent. You can work with a union contract regardless of being in a right to work state, see Michigan.
GF
GF
#22
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,003
No, John, "right to work" has nothing to do with. Being covered by a union contract might have something to do with termination process, but the case here is USERRA rights where unions typically remain silent. You can work with a union contract regardless of being in a right to work state, see Michigan.
GF
GF
Without coverage by a military assignment (hasn't entered into an agreement yet), USERRA may not be helpful if termination or separation takes place first, or can't be shown to be associated with Guard membership.
If the original poster is not a part of a union, then union membership is irrelevant.
The state work laws, however, are quite relevant, which brings us back to right to work. Whereas the poster to which I responded stated that one can't be fired in this day and age without good cause, the matter is quite relevant, as one can be terminated without cause, and in right to work states, one's opportunity to appeal to the courts becomes a very tough row to hoe.
There are many other forms of contractual obligation than those between a union and an employer.
#23
I've seen this BS on the part of an employer from multiple angles...as a company commander who had to deal with uncooperative employers (the USPS was the worst I encountered)...as a husband whose wife (now ex-) was denied an airline job because of NG duty and as an employee whose employer tried to schedule me to fly during drill weekends.
This excerpt from the ESGR site seems to support the situation in question...
USERRA’s definition of “service in the uniformed services” covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. Although most often understood as applying to Guard and Reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces and the National Disaster Medical System (NDMS).
Pitts Driver, "...all categories of military training and service..." seems to cover your situation.
USERRA replaced the law (can't remember the name) during the Clinton administration to be less military friendly and a little more friendly to employers. Either way, most military training remained covered.
I, too, would like to know the name of the company so I can avoid patonizing them in the future.
This excerpt from the ESGR site seems to support the situation in question...
USERRA’s definition of “service in the uniformed services” covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. Although most often understood as applying to Guard and Reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces and the National Disaster Medical System (NDMS).
Pitts Driver, "...all categories of military training and service..." seems to cover your situation.
USERRA replaced the law (can't remember the name) during the Clinton administration to be less military friendly and a little more friendly to employers. Either way, most military training remained covered.
I, too, would like to know the name of the company so I can avoid patonizing them in the future.
#24
Navy CAPT Sam Wright has a lot of pertinent articles on USERRA all over the interwebs. He is probably the smartest person in the world on it. I called him years ago, and he actually returned my call and discussed with me. Great guy.
#25
All, thanks for the info. Problem has been solved. My airplane is/was managed by a management company (who I worked for) and now I work for the actual aircraft owners who are fine with my upcoming guard commitments. They did not like what the management company was doing to me and fired the management company.
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